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| 3 | + | LCO \\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-01103-R02- | |
| 4 | + | SB.docx | |
| 5 | + | 1 of 17 | |
| 6 | + | ||
| 7 | + | General Assembly Substitute Bill No. 1103 | |
| 8 | + | January Session, 2023 | |
| 1 | 9 | ||
| 2 | 10 | ||
| 3 | 11 | ||
| 4 | - | Substitute Senate Bill No. 1103 | |
| 5 | - | ||
| 6 | - | Public Act No. 23-16 | |
| 7 | 12 | ||
| 8 | 13 | ||
| 9 | 14 | AN ACT CONCERNING ARTIFICIAL INTELLIGENCE, AUTOMATED | |
| 10 | 15 | DECISION-MAKING AND PERSONAL DATA PRIVACY. | |
| 11 | 16 | Be it enacted by the Senate and House of Representatives in General | |
| 12 | 17 | Assembly convened: | |
| 13 | 18 | ||
| 14 | - | Section 1. (NEW) (Effective July 1, 2023) (a) For the purposes of this | |
| 15 | - | section: | |
| 16 | - | (1) "Artificial intelligence" means (A) an artificial system that (i) | |
| 17 | - | performs tasks under varying and unpredictable circumstances without | |
| 18 | - | significant human oversight or can learn from experience and improve | |
| 19 | - | such performance when exposed to data sets, (ii) is developed in any | |
| 20 | - | context, including, but not limited to, software or physical hardware, | |
| 21 | - | and solves tasks requiring human-like perception, cognition, planning, | |
| 22 | - | learning, communication or physical action, or (iii) is designed to (I) | |
| 23 | - | think or act like a human, including, but not limited to, a cognitive | |
| 24 | - | architecture or neural network, or (II) act rationally, including, but not | |
| 25 | - | limited to, an intelligent software agent or embodied robot that achieves | |
| 26 | - | goals using perception, planning, reasoning, learning, communication, | |
| 27 | - | decision-making or action, or (B) a set of techniques, including, but not | |
| 28 | - | limited to, machine learning, that is designed to approximate a cognitive | |
| 29 | - | task; and | |
| 30 | - | (2) "State agency" has the same meaning as provided in section 4d-1 Substitute Senate Bill No. 1103 | |
| 19 | + | Section 1. (NEW) (Effective July 1, 2023) (a) As used in this section: 1 | |
| 20 | + | (1) "Artificial Intelligence Officer" means the employee designated 2 | |
| 21 | + | pursuant to subsection (b) of this section; 3 | |
| 22 | + | (2) "Automated decision support system" means any automated 4 | |
| 23 | + | decision system that provides material information for the purpose of 5 | |
| 24 | + | informing a conclusion, decision or judgment made by an individual on 6 | |
| 25 | + | behalf of a state agency; 7 | |
| 26 | + | (3) "Automated decision system" means any machine-based system 8 | |
| 27 | + | or application, including, but not limited to, any such system or 9 | |
| 28 | + | application that is derived from machine learning, statistics or other 10 | |
| 29 | + | data processing or artificial intelligence techniques, that is developed, 11 | |
| 30 | + | procured or utilized to make, inform or materially support a critical 12 | |
| 31 | + | decision made by a state agency, but does not include passive 13 | |
| 32 | + | computing infrastructure; 14 | |
| 33 | + | (4) "Automated final decision system" means any automated decision 15 | |
| 34 | + | system that makes a final conclusion, decision or judgment on behalf of 16 Substitute Bill No. 1103 | |
| 31 | 35 | ||
| 32 | - | Public Act No. 23-16 2 of 10 | |
| 33 | 36 | ||
| 34 | - | of the general statutes. | |
| 35 | - | (b) (1) Not later than December 31, 2023, and annually thereafter, the | |
| 36 | - | Department of Administrative Services shall conduct an inventory of all | |
| 37 | - | systems that employ artificial intelligence and are in use by any state | |
| 38 | - | agency. Each such inventory shall include at least the following | |
| 39 | - | information for each such system: | |
| 40 | - | (A) The name of such system and the vendor, if any, that provided | |
| 41 | - | such system; | |
| 42 | - | (B) A description of the general capabilities and uses of such system; | |
| 43 | - | (C) Whether such system was used to independently make, inform or | |
| 44 | - | materially support a conclusion, decision or judgment; and | |
| 45 | - | (D) Whether such system underwent an impact assessment prior to | |
| 46 | - | implementation. | |
| 47 | - | (2) The Department of Administrative Services shall make each | |
| 48 | - | inventory conducted pursuant to subdivision (1) of this subsection | |
| 49 | - | publicly available on the state's open data portal. | |
| 50 | - | (c) Beginning on February 1, 2024, the Department of Administrative | |
| 51 | - | Services shall perform ongoing assessments of systems that employ | |
| 52 | - | artificial intelligence and are in use by state agencies to ensure that no | |
| 53 | - | such system shall result in any unlawful discrimination or disparate | |
| 54 | - | impact described in subparagraph (B) of subdivision (1) of subsection | |
| 55 | - | (b) of section 2 of this act. The department shall perform such | |
| 56 | - | assessment in accordance with the policies and procedures established | |
| 57 | - | by the Office of Policy and Management pursuant to subsection (b) of | |
| 58 | - | section 2 of this act. | |
| 59 | - | Sec. 2. (NEW) (Effective July 1, 2023) (a) For the purposes of this | |
| 60 | - | section: Substitute Senate Bill No. 1103 | |
| 37 | + | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-01103- | |
| 38 | + | R02-SB.docx } | |
| 39 | + | 2 of 17 | |
| 61 | 40 | ||
| 62 | - | Public Act No. 23-16 3 of 10 | |
| 41 | + | a state agency without any intervention by an individual acting on 17 | |
| 42 | + | behalf of the state agency; 18 | |
| 43 | + | (5) "Automated system" means any automated decision support 19 | |
| 44 | + | system, automated decision system or automated final decision system; 20 | |
| 45 | + | (6) "Automated systems procedures" means the procedures 21 | |
| 46 | + | developed and adopted pursuant to this section; 22 | |
| 47 | + | (7) "Connecticut Artificial Intelligence Advisory Board" means the 23 | |
| 48 | + | board established in section 2 of this act; 24 | |
| 49 | + | (8) "Critical decision" means any decision or judgment that has any 25 | |
| 50 | + | legal, material or similarly significant effect on an individual's life 26 | |
| 51 | + | concerning access to, or the cost, terms or availability of, (A) education 27 | |
| 52 | + | and vocational training, including, but not limited to, assessment, 28 | |
| 53 | + | accreditation or certification, (B) employment, worker management or 29 | |
| 54 | + | self-employment, (C) essential utilities such as electricity, heat, water, 30 | |
| 55 | + | Internet or telecommunications access or transportation, (D) family 31 | |
| 56 | + | planning services, including, but not limited to, adoption services or 32 | |
| 57 | + | reproductive services, (E) financial services, including, but not limited 33 | |
| 58 | + | to, any financial service provided by a mortgage company, (F) services 34 | |
| 59 | + | from a creditor or mortgage broker, (G) health care, including, but not 35 | |
| 60 | + | limited to, mental health care, dental care or vision care, (H) housing or 36 | |
| 61 | + | lodging, including, but not limited to, any rental, short-term housing or 37 | |
| 62 | + | lodging, (I) legal services, including, but not limited to, private 38 | |
| 63 | + | mediation or arbitration, (J) government benefits, or (K) public services; 39 | |
| 64 | + | (9) "Passive computing infrastructure" means any intermediary 40 | |
| 65 | + | technology, including, but not limited to, web hosting, domain 41 | |
| 66 | + | registration, networking, caching, data storage or cybersecurity 42 | |
| 67 | + | technology, that does not influence or determine the outcome of a 43 | |
| 68 | + | decision, make or aid in making a decision, inform policy 44 | |
| 69 | + | implementation or collect data or observations; 45 | |
| 70 | + | (10) "State agency" means any department, board, commission, 46 | |
| 71 | + | council, institution, office, constituent unit of the state system of higher 47 Substitute Bill No. 1103 | |
| 63 | 72 | ||
| 64 | - | (1) "Artificial intelligence" means (A) an artificial system that (i) | |
| 65 | - | performs tasks under varying and unpredictable circumstances without | |
| 66 | - | significant human oversight or can learn from experience and improve | |
| 67 | - | such performance when exposed to data sets, (ii) is developed in any | |
| 68 | - | context, including, but not limited to, software or physical hardware, | |
| 69 | - | and solves tasks requiring human-like perception, cognition, planning, | |
| 70 | - | learning, communication or physical action, or (iii) is designed to (I) | |
| 71 | - | think or act like a human, including, but not limited to, a cognitive | |
| 72 | - | architecture or neural network, or (II) act rationally, including, but not | |
| 73 | - | limited to, an intelligent software agent or embodied robot that achieves | |
| 74 | - | goals using perception, planning, reasoning, learning, communication, | |
| 75 | - | decision-making or action, or (B) a set of techniques, including, but not | |
| 76 | - | limited to, machine learning, that is designed to approximate a cognitive | |
| 77 | - | task; and | |
| 78 | - | (2) "State agency" has the same meaning as provided in section 4d-1 | |
| 79 | - | of the general statutes. | |
| 80 | - | (b) (1) Not later than February 1, 2024, the Office of Policy and | |
| 81 | - | Management shall develop and establish policies and procedures | |
| 82 | - | concerning the development, procurement, implementation, utilization | |
| 83 | - | and ongoing assessment of systems that employ artificial intelligence | |
| 84 | - | and are in use by state agencies. Such policies and procedures shall, at a | |
| 85 | - | minimum, include policies and procedures that: | |
| 86 | - | (A) Govern the procurement, implement ation and ongoing | |
| 87 | - | assessment of such systems by state agencies; | |
| 88 | - | (B) Are sufficient to ensure that no such system (i) results in any | |
| 89 | - | unlawful discrimination against any individual or group of individuals, | |
| 90 | - | or (ii) has any unlawful disparate impact on any individual or group of | |
| 91 | - | individuals on the basis of any actual or perceived differentiating | |
| 92 | - | characteristic, including, but not limited to, age, genetic information, | |
| 93 | - | color, ethnicity, race, creed, religion, national origin, ancestry, sex, Substitute Senate Bill No. 1103 | |
| 94 | 73 | ||
| 95 | - | Public Act No. 23-16 4 of 10 | |
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| 96 | 77 | ||
| 97 | - | gender identity or expression, sexual orientation, marital status, familial | |
| 98 | - | status, pregnancy, veteran status, disability or lawful source of income; | |
| 99 | - | (C) Require a state agency to assess the likely impact of any such | |
| 100 | - | system before implementing such system; and | |
| 101 | - | (D) Provide for the Department of Administrative Services to | |
| 102 | - | perform ongoing assessments of such systems to ensure that no such | |
| 103 | - | system results in any unlawful discrimination or disparate impact | |
| 104 | - | described in subparagraph (B) of this subdivision. | |
| 105 | - | (2) The Office of Policy and Management may revise the policies and | |
| 106 | - | procedures established pursuant to subdivision (1) of this subsection if | |
| 107 | - | the Secretary of the Office of Policy and Management determines, in | |
| 108 | - | said secretary's discretion, that such revision is necessary. | |
| 109 | - | (3) The Office of Policy and Management shall post the policies and | |
| 110 | - | procedures established pursuant to subdivision (1) of this subsection, | |
| 111 | - | and any revision made to such policies and procedures pursuant to | |
| 112 | - | subdivision (2) of this subsection, on the office's Internet web site. | |
| 113 | - | (c) Beginning on February 1, 2024, no state agency shall implement | |
| 114 | - | any system that employs artificial intelligence (1) unless the state agency | |
| 115 | - | has performed an impact assessment, in accordance with the policies | |
| 116 | - | and procedures established pursuant to subsection (b) of this section, to | |
| 117 | - | ensure that such system will not result in any unlawful discrimination | |
| 118 | - | or disparate impact described in subparagraph (B) of subdivision (1) of | |
| 119 | - | subsection (b) of this section, or (2) if the head of such state agency | |
| 120 | - | determines, in such agency head's discretion, that such system will | |
| 121 | - | result in any unlawful discrimination or disparate impact described in | |
| 122 | - | subparagraph (B) of subdivision (1) of subsection (b) of this section. | |
| 123 | - | Sec. 3. (NEW) (Effective July 1, 2023) (a) For the purposes of this | |
| 124 | - | section, "artificial intelligence" means (1) an artificial system that (A) | |
| 125 | - | performs tasks under varying and unpredictable circumstances without Substitute Senate Bill No. 1103 | |
| 78 | + | education, technical education and career school or other agency in the 48 | |
| 79 | + | executive, legislative or judicial branch of state government; and 49 | |
| 80 | + | (11) "Trade secret" has the same meaning as provided in section 35-50 | |
| 81 | + | 51 of the general statutes. 51 | |
| 82 | + | (b) Not later than October 1, 2023, the Secretary of the Office of Policy 52 | |
| 83 | + | and Management shall designate an employee of the Office of Policy 53 | |
| 84 | + | and Management to serve as the Artificial Intelligence Officer. Such 54 | |
| 85 | + | employee shall have: (1) Extensive knowledge concerning automated 55 | |
| 86 | + | systems and artificial intelligence analysis, governance, principles, 56 | |
| 87 | + | practices, technology, terminology and trends; and (2) experience in 57 | |
| 88 | + | administration, planning, policy development, project management and 58 | |
| 89 | + | service coordination. 59 | |
| 90 | + | (c) The Artificial Intelligence Officer shall be responsible for 60 | |
| 91 | + | performing said officer's duties as set forth in this section. The Secretary 61 | |
| 92 | + | of the Office of Policy and Management may contract with a third party, 62 | |
| 93 | + | if said secretary deems it necessary, to assist the Artificial Intelligence 63 | |
| 94 | + | Officer in performing said officer's duties under this section. 64 | |
| 95 | + | (d) Not later than December 31, 2023, and every two years thereafter, 65 | |
| 96 | + | the Artificial Intelligence Officer shall, in consultation with the state 66 | |
| 97 | + | agency data officers and state agency heads, develop and adopt 67 | |
| 98 | + | automated systems procedures for use by state agencies in developing, 68 | |
| 99 | + | procuring and utilizing automated systems for critical decisions. In 69 | |
| 100 | + | developing such automated systems procedure s, the Artificial 70 | |
| 101 | + | Intelligence Officer shall consider imposing the following safeguards, 71 | |
| 102 | + | where appropriate, to mitigate risk: (1) Requiring state agencies to 72 | |
| 103 | + | develop, procure and utilize automated systems in a manner that is 73 | |
| 104 | + | consistent with national and international standards; (2) ensuring that 74 | |
| 105 | + | state agencies develop, procure and utilize automated systems in a 75 | |
| 106 | + | manner that is consistent with state and federal laws, including, but not 76 | |
| 107 | + | limited to, state and federal laws prohibiting discrimination and 77 | |
| 108 | + | addressing privacy, civil rights and civil liberties; (3) ensuring that no 78 | |
| 109 | + | automated system disproportionately and unlawfully impacts any 79 Substitute Bill No. 1103 | |
| 126 | 110 | ||
| 127 | - | Public Act No. 23-16 5 of 10 | |
| 128 | 111 | ||
| 129 | - | significant human oversight or can learn from experience and improve | |
| 130 | - | such performance when exposed to data sets, (B) is developed in any | |
| 131 | - | context, including, but not limited to, software or physical hardware, | |
| 132 | - | and solves tasks requiring human-like perception, cognition, planning, | |
| 133 | - | learning, communication or physical action, or (C) is designed to (i) | |
| 134 | - | think or act like a human, including, but not limited to, a cognitive | |
| 135 | - | architecture or neural network, or (ii) act rationally, including, but not | |
| 136 | - | limited to, an intelligent software agent or embodied robot that achieves | |
| 137 | - | goals using perception, planning, reasoning, learning, communication, | |
| 138 | - | decision-making or action, or (2) a set of techniques, including, but not | |
| 139 | - | limited to, machine learning, that is designed to approximate a cognitive | |
| 140 | - | task. | |
| 141 | - | (b) (1) Not later than December 31, 2023, and annually thereafter, the | |
| 142 | - | Judicial Department shall conduct an inventory of the department's | |
| 143 | - | systems that employ artificial intelligence. Each such inventory shall | |
| 144 | - | include at least the following information for each such system: | |
| 145 | - | (A) The name of such system and the vendor, if any, that provided | |
| 146 | - | such system; | |
| 147 | - | (B) A description of the general capabilities and uses of such system; | |
| 148 | - | (C) Whether such system was used to independently make, inform or | |
| 149 | - | materially support a conclusion, decision or judgment; and | |
| 150 | - | (D) Whether such system underwent an impact assessment prior to | |
| 151 | - | implementation. | |
| 152 | - | (2) The Judicial Department shall make each inventory conducted | |
| 153 | - | pursuant to subdivision (1) of this subsection publicly available on the | |
| 154 | - | department's Internet web site. | |
| 155 | - | (c) (1) Not later than February 1, 2024, the Judicial Department shall | |
| 156 | - | develop and establish policies and procedures concerning the Substitute Senate Bill No. 1103 | |
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| 157 | 115 | ||
| 158 | - | Public Act No. 23-16 6 of 10 | |
| 116 | + | individual or group of individuals on the basis of any actual or 80 | |
| 117 | + | perceived differentiating characteristic, including, but not limited to, 81 | |
| 118 | + | age, genetic information, color, ethnicity, race, creed, religion, national 82 | |
| 119 | + | origin, ancestry, sex, gender identity or expression, sexual orientation, 83 | |
| 120 | + | marital status, familial status, pregnancy, veteran status, disability or 84 | |
| 121 | + | lawful source of income; (4) ensuring that any benefits that a state 85 | |
| 122 | + | agency gains by utilizing an automated system outweigh any risks 86 | |
| 123 | + | inherent in utilizing the automated system; (5) ensuring that each 87 | |
| 124 | + | automated system is applied and utilized in a manner that is consistent 88 | |
| 125 | + | with the use cases for which such automated system was trained in 89 | |
| 126 | + | order to ensure accuracy, reliability and efficacy; (6) ensuring that each 90 | |
| 127 | + | automated system is safe, secure and resilient, including, but not limited 91 | |
| 128 | + | to, in circumstances in which such automated system is confronted with 92 | |
| 129 | + | any systematic vulnerability, adversarial manipulation or other 93 | |
| 130 | + | malicious exploitation; (7) ensuring that the operations of, and outcomes 94 | |
| 131 | + | generated by, an automated system are sufficiently understandable by 95 | |
| 132 | + | subject matter experts and users; (8) ensuring that individual roles and 96 | |
| 133 | + | responsibilities are clearly defined, understood and appropriately 97 | |
| 134 | + | assigned in a manner that is consistent with the purpose for which each 98 | |
| 135 | + | use of an automated system is intended; (9) ensuring that the 99 | |
| 136 | + | development, procurement and utilization of an automated system is, 100 | |
| 137 | + | and the inputs and outputs for applications of an automated system are, 101 | |
| 138 | + | documented and traceable; (10) ensuring that the design, development, 102 | |
| 139 | + | procurement and monitoring of an automated system is, and intended 103 | |
| 140 | + | purposes of an automated system are, appropriately transparent to the 104 | |
| 141 | + | public under uniform protocols and public access requirements 105 | |
| 142 | + | concerning releases and posting of appropriate information by each 106 | |
| 143 | + | state agency utilizing the automated system; (11) ensuring that data 107 | |
| 144 | + | inputs utilized by each automated system are appropriately transparent 108 | |
| 145 | + | under the Freedom of Information Act, as defined in section 1-200 of the 109 | |
| 146 | + | general statutes; and (12) ensuring that each state agency that utilizes an 110 | |
| 147 | + | automated system (A) examines the automated system, at least once 111 | |
| 148 | + | every two years, to ensure compliance with such automated systems 112 | |
| 149 | + | procedures, (B) supersedes, disengages and deactivates any application 113 | |
| 150 | + | of the automated system that demonstrates performance that is, or 114 Substitute Bill No. 1103 | |
| 159 | 151 | ||
| 160 | - | department's development, procurement, implementation, utilization | |
| 161 | - | and ongoing assessment of systems that employ artificial intelligence. | |
| 162 | - | Such policies and procedures shall, at a minimum, include policies and | |
| 163 | - | procedures that: | |
| 164 | - | (A) Govern the department's procurement, implementation and | |
| 165 | - | ongoing assessment of such systems; | |
| 166 | - | (B) Are sufficient to ensure that no such system (i) results in any | |
| 167 | - | unlawful discrimination against any individual or group of individuals, | |
| 168 | - | or (ii) has any unlawful disparate impact on any individual or group of | |
| 169 | - | individuals on the basis of any actual or perceived differentiating | |
| 170 | - | characteristic, including, but not limited to, age, genetic information, | |
| 171 | - | color, ethnicity, race, creed, religion, national origin, ancestry, sex, | |
| 172 | - | gender identity or expression, sexual orientation, marital status, familial | |
| 173 | - | status, pregnancy, veteran status, disability or lawful source of income; | |
| 174 | - | (C) Require the department to assess the likely impact of any such | |
| 175 | - | system before implementing such system; and | |
| 176 | - | (D) Provide for ongoing assessments of such systems to ensure that | |
| 177 | - | no such system results in any unlawful discrimination or disparate | |
| 178 | - | impact described in subparagraph (B) of this subdivision. | |
| 179 | - | (2) The Judicial Department may revise the policies and procedures | |
| 180 | - | established pursuant to subdivision (1) of this subsection if the Chief | |
| 181 | - | Court Administrator determines, in said administrator's discretion, that | |
| 182 | - | such revision is necessary. | |
| 183 | - | (3) The Judicial Department shall post the policies and procedures | |
| 184 | - | established pursuant to subdivision (1) of this subsection, and any | |
| 185 | - | revision made to such policies and procedures pursuant to subdivision | |
| 186 | - | (2) of this subsection, on the department's Internet web site. | |
| 187 | - | (d) Beginning on February 1, 2024, the Judicial Department shall: Substitute Senate Bill No. 1103 | |
| 188 | 152 | ||
| 189 | - | Public Act No. 23-16 7 of 10 | |
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| 190 | 156 | ||
| 191 | - | (1) Not implement any system that employs artificial intelligence (A) | |
| 192 | - | unless the department has performed an impact assessment, in | |
| 193 | - | accordance with the policies and procedures established pursuant to | |
| 194 | - | subsection (c) of this section, to ensure that such system will not result | |
| 195 | - | in any unlawful discrimination or disparate impact described in | |
| 196 | - | subparagraph (B) of subdivision (1) of subsection (c) of this section, or | |
| 197 | - | (B) if the Chief Court Administrator determines, in said administrator's | |
| 198 | - | discretion, that such system will result in any unlawful discrimination | |
| 199 | - | or disparate impact described in subparagraph (B) of subdivision (1) of | |
| 200 | - | subsection (c) of this section; and | |
| 201 | - | (2) Perform ongoing assessments of the department's systems that | |
| 202 | - | employ artificial intelligence to ensure that no such system shall result | |
| 203 | - | in any unlawful discrimination or disparate impact described in | |
| 204 | - | subparagraph (B) of subdivision (1) of subsection (c) of this section. | |
| 205 | - | Sec. 4. (NEW) (Effective October 1, 2023) Notwithstanding any | |
| 206 | - | provision of the general statutes, no state contracting agency shall enter | |
| 207 | - | into any contract with a business on or after October 1, 2023, unless such | |
| 208 | - | contract contains a provision requiring the business to comply with all | |
| 209 | - | applicable provisions of sections 42-515 to 42-525, inclusive, of the | |
| 210 | - | general statutes. For the purposes of this section, "business", "contract" | |
| 211 | - | and "state contracting agency" have the same meanings as provided in | |
| 212 | - | section 4e-1 of the general statutes. | |
| 213 | - | Sec. 5. (Effective from passage) (a) For the purposes of this section, | |
| 214 | - | "artificial intelligence" means (1) an artificial system that (A) performs | |
| 215 | - | tasks under varying and unpredictable circumstances without | |
| 216 | - | significant human oversight or can learn from experience and improve | |
| 217 | - | such performance when exposed to data sets, (B) is developed in any | |
| 218 | - | context, including, but not limited to, software or physical hardware, | |
| 219 | - | and solves tasks requiring human-like perception, cognition, planning, | |
| 220 | - | learning, communication or physical action, or (C) is designed to (i) | |
| 221 | - | think or act like a human, including, but not limited to, a cognitive Substitute Senate Bill No. 1103 | |
| 157 | + | outcomes that are, inconsistent with such automated systems 115 | |
| 158 | + | procedures or any other provision of this section, (C) is appropriately 116 | |
| 159 | + | transparent in disclosing any information that is relevant to such state 117 | |
| 160 | + | agency's use of the automated system, (D) implements safeguards to 118 | |
| 161 | + | ensure that the automated system is properly applied, utilized and 119 | |
| 162 | + | functioning, and (E) provides appropriate training to all personnel 120 | |
| 163 | + | responsible for developing, procuring or utilizing the automated 121 | |
| 164 | + | system. 122 | |
| 165 | + | (e) No state agency shall develop, procure or utilize any automated 123 | |
| 166 | + | system on or after January 1, 2024, unless such automated system 124 | |
| 167 | + | satisfies the requirements established in the automated systems 125 | |
| 168 | + | procedures. 126 | |
| 169 | + | (f) Not later than November 1, 2023, and every two years thereafter, 127 | |
| 170 | + | the Artificial Intelligence Officer shall submit a preliminary draft of the 128 | |
| 171 | + | automated systems procedures to the Connecticut Artificial Intelligence 129 | |
| 172 | + | Advisory Board. The Connecticut Artificial Intelligence Advisory Board 130 | |
| 173 | + | shall hold a public hearing on such draft automated systems 131 | |
| 174 | + | procedures, and submit any suggested revisions to the Artificial 132 | |
| 175 | + | Intelligence Officer, not later than thirty days after said board receives 133 | |
| 176 | + | such draft automated systems procedures. 134 | |
| 177 | + | (g) After the public hearing held pursuant to subsection (f) of this 135 | |
| 178 | + | section and, if applicable, receiving any recommended revisions from 136 | |
| 179 | + | the Connecticut Artificial Intelligence Advisory Board, the Artificial 137 | |
| 180 | + | Intelligence Officer shall finalize the automated systems procedures and 138 | |
| 181 | + | submit such final automated systems procedures to said board. The 139 | |
| 182 | + | Artificial Intelligence Officer shall send a copy of the final automated 140 | |
| 183 | + | systems procedures to all state agency data officers, and the Office of 141 | |
| 184 | + | Policy and Management shall post such final automated systems 142 | |
| 185 | + | procedures on said office's Internet web site. 143 | |
| 186 | + | (h) Not later than December 31, 2024, and every two years thereafter, 144 | |
| 187 | + | each state agency shall: (1) Conduct an inventory of the automated 145 | |
| 188 | + | systems that are in use by such state agency, which inventory shall be in 146 Substitute Bill No. 1103 | |
| 222 | 189 | ||
| 223 | - | Public Act No. 23-16 8 of 10 | |
| 224 | 190 | ||
| 225 | - | architecture or neural network, or (ii) act rationally, including, but not | |
| 226 | - | limited to, an intelligent software agent or embodied robot that achieves | |
| 227 | - | goals using perception, planning, reasoning, learning, communication, | |
| 228 | - | decision-making or action, or (2) a set of techniques, including, but not | |
| 229 | - | limited to, machine learning, that is designed to approximate a cognitive | |
| 230 | - | task. | |
| 231 | - | (b) There is established a working group to engage stakeholders and | |
| 232 | - | experts to: (1) Make recommendations concerning, and develop best | |
| 233 | - | practices for, the ethical and equitable use of artificial intelligence in | |
| 234 | - | state government; (2) make recommendations concerning the policies | |
| 235 | - | and procedures developed pursuant to subsection (b) of section 2 of this | |
| 236 | - | act; (3) assess the White House Office of Science and Technology Policy's | |
| 237 | - | "Blueprint for an AI Bill of Rights" and similar materials and make | |
| 238 | - | recommendations concerning the (A) regulation of the use of artificial | |
| 239 | - | intelligence in the private sector based, among other things, on said | |
| 240 | - | blueprint, and (B) adoption of a Connecticut artificial intelligence bill of | |
| 241 | - | rights based on said blueprint; and (4) make recommendations | |
| 242 | - | concerning the adoption of other legislation concerning artificial | |
| 243 | - | intelligence. | |
| 244 | - | (c) (1) (A) The working group shall be part of the Legislative | |
| 245 | - | Department and consist of the following voting members: (i) One | |
| 246 | - | appointed by the speaker of the House of Representatives, who shall be | |
| 247 | - | a representative of the industries that are developing artificial | |
| 248 | - | intelligence; (ii) one appointed by the president pro tempore of the | |
| 249 | - | Senate, who shall be a representative of the industries that are using | |
| 250 | - | artificial intelligence; (iii) one appointed by the majority leader of the | |
| 251 | - | House of Representatives, who shall be an academic with a | |
| 252 | - | concentration in the study of technology and technology policy; (iv) one | |
| 253 | - | appointed by the majority leader of the Senate, who shall be an academic | |
| 254 | - | with a concentration in the study of government and public policy; (v) | |
| 255 | - | one appointed by the minority leader of the House of Representatives, Substitute Senate Bill No. 1103 | |
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| 256 | 194 | ||
| 257 | - | Public Act No. 23-16 9 of 10 | |
| 195 | + | a form prescribed by the Artificial Intelligence Officer; and (2) submit 147 | |
| 196 | + | such inventory to said officer and the Connecticut Artificial Intelligence 148 | |
| 197 | + | Advisory Board. The Office of Policy and Management shall make each 149 | |
| 198 | + | such inventory available to the public on said office's Internet web site. 150 | |
| 199 | + | (i) The Artificial Intelligence Officer shall be subject to the Freedom 151 | |
| 200 | + | of Information Act, as defined in section 1-200 of the general statutes. 152 | |
| 201 | + | (j) No provision of this section shall be construed to: (1) Require 153 | |
| 202 | + | disclosure of any trade secret; (2) abrogate any work product protection; 154 | |
| 203 | + | or (3) restrict the Artificial Intelligence Officer's or any state agency's 155 | |
| 204 | + | ability to (A) conduct any internal research to develop, improve or 156 | |
| 205 | + | repair any product, service or technology, (B) prevent, detect, protect 157 | |
| 206 | + | against or respond to, or investigate, report or prosecute any person 158 | |
| 207 | + | responsible for, any security incident, identity theft, fraud, harassment, 159 | |
| 208 | + | malicious or deceptive activity or illegal activity, or (C) preserve the 160 | |
| 209 | + | integrity or security of any system. 161 | |
| 210 | + | Sec. 2. (NEW) (Effective July 1, 2023) (a) As used in this section: 162 | |
| 211 | + | (1) "Automated system" has the same meaning as provided in section 163 | |
| 212 | + | 1 of this act; 164 | |
| 213 | + | (2) "State agency" has the same meaning as provided in section 1 of 165 | |
| 214 | + | this act; and 166 | |
| 215 | + | (3) "Trade secret" has the same meaning as provided in section 35-51 167 | |
| 216 | + | of the general statutes. 168 | |
| 217 | + | (b) There is established the Connecticut Artificial Intelligence 169 | |
| 218 | + | Advisory Board, which shall be part of the Legislative Department. 170 | |
| 219 | + | (c) The board shall consist of the following members: (1) Two 171 | |
| 220 | + | appointed by the speaker of the House of Representatives; (2) two 172 | |
| 221 | + | appointed by the president pro tempore of the Senate; (3) two appointed 173 | |
| 222 | + | by the minority leader of the House of Representatives; (4) two 174 | |
| 223 | + | appointed by the minority leader of the Senate; (5) the House 175 Substitute Bill No. 1103 | |
| 258 | 224 | ||
| 259 | - | who shall be a representative of an industry association representing the | |
| 260 | - | industries that are developing artificial intelligence; (vi) one appointed | |
| 261 | - | by the minority leader of the Senate, who shall be a representative of an | |
| 262 | - | industry association representing the industries that are using artificial | |
| 263 | - | intelligence; (vii) one appointed by the House chairperson of the joint | |
| 264 | - | standing committee of the General Assembly having cognizance of | |
| 265 | - | matters relating to general law; (viii) one appointed by the Senate | |
| 266 | - | chairperson of the joint standing committee of the General Assembly | |
| 267 | - | having cognizance of matters relating to general law; and (ix) two | |
| 268 | - | appointed by the Governor, who shall be members of the Connecticut | |
| 269 | - | Academy of Science and Engineering. | |
| 270 | - | (B) All voting members appointed pursuant to subparagraph (A) of | |
| 271 | - | this subdivision shall have professional experience or academic | |
| 272 | - | qualifications in matters pertaining to artificial intelligence, automated | |
| 273 | - | systems, government policy or another related field. | |
| 274 | - | (C) All initial appointments to the working group shall be made not | |
| 275 | - | later than thirty days after the effective date of this section. Any vacancy | |
| 276 | - | shall be filled by the appointing authority. | |
| 277 | - | (D) Any action taken by the working group shall be taken by a | |
| 278 | - | majority vote of all members present who are entitled to vote, provided | |
| 279 | - | no such action may be taken unless at least fifty per cent of such | |
| 280 | - | members are present. | |
| 281 | - | (2) The working group shall include the following nonvoting, ex- | |
| 282 | - | officio members: (A) The House chairperson of the joint standing | |
| 283 | - | committee of the General Assembly having cognizance of matters | |
| 284 | - | relating to general law; (B) the Senate chairperson of the joint standing | |
| 285 | - | committee of the General Assembly having cognizance of matters | |
| 286 | - | relating to general law; (C) the Attorney General, or the Attorney | |
| 287 | - | General's designee; (D) the Comptroller, or the Comptroller's designee; | |
| 288 | - | (E) the Treasurer, or the Treasurer's designee; (F) the Commissioner of Substitute Senate Bill No. 1103 | |
| 289 | 225 | ||
| 290 | - | Public Act No. 23-16 10 of 10 | |
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| 291 | 229 | ||
| 292 | - | Administrative Services, or said commissioner's designee; (G) the Chief | |
| 293 | - | Data Officer, or said officer's designee; (H) the executive director of the | |
| 294 | - | Freedom of Information Commission, or said executive director's | |
| 295 | - | designee; (I) the executive director of the Commission on Women, | |
| 296 | - | Children, Seniors, Equity and Opportunity, or said executive director's | |
| 297 | - | designee; (J) the Chief Court Administrator, or said administrator's | |
| 298 | - | designee; and (K) the executive director of the Connecticut Academy of | |
| 299 | - | Science and Engineering, or said executive director's designee. | |
| 300 | - | (d) The chairpersons of the joint standing committee of the General | |
| 301 | - | Assembly having cognizance of matters relating to general law and the | |
| 302 | - | executive director of the Connecticut Academy of Science and | |
| 303 | - | Engineering shall serve as chairpersons of the working group. Such | |
| 304 | - | chairpersons shall schedule the first meeting of the working group, | |
| 305 | - | which shall be held not later than sixty days after the effective date of | |
| 306 | - | this section. | |
| 307 | - | (e) The administrative staff of the joint standing committee of the | |
| 308 | - | General Assembly having cognizance of matters relating to general law | |
| 309 | - | shall serve as administrative staff of the working group. | |
| 310 | - | (f) Not later than February 1, 2024, the working group shall submit a | |
| 311 | - | report on its findings and recommendations to the joint standing | |
| 312 | - | committee of the General Assembly having cognizance of matters | |
| 313 | - | relating to general law, in accordance with the provisions of section 11- | |
| 314 | - | 4a of the general statutes. The working group shall terminate on the date | |
| 315 | - | that the working group submits such report or February 1, 2024, | |
| 316 | - | whichever is later. | |
| 230 | + | chairperson of the joint standing committee of the General Assembly 176 | |
| 231 | + | having cognizance of matters relating to consumer protection, or one 177 | |
| 232 | + | appointed by such chairperson; and (6) the Senate chairperson of the 178 | |
| 233 | + | joint standing committee of the General Assembly having cognizance of 179 | |
| 234 | + | matters relating to consumer protection, or one appointed by such 180 | |
| 235 | + | chairperson. All appointed members shall have professional experience 181 | |
| 236 | + | or academic qualifications in matters pertaining to automated systems, 182 | |
| 237 | + | artificial intelligence, artificial intelligence governance and 183 | |
| 238 | + | accountability or other related fields. Additional nonvoting ex-officio 184 | |
| 239 | + | members shall include the following officials, or their designees: The 185 | |
| 240 | + | Commissioner of Administrative Services, the Chief Data Officer, the 186 | |
| 241 | + | executive director of the Freedom of Information Commission, the 187 | |
| 242 | + | executive director of the Commission on Women, Children, Seniors, 188 | |
| 243 | + | Equity and Opportunity, the Attorney General, the Chief Court 189 | |
| 244 | + | Administrator, the Treasurer and the Comptroller. The speaker of the 190 | |
| 245 | + | House of Representatives and the president pro tempore of the Senate 191 | |
| 246 | + | shall each select a co-chair of the board from among the members of the 192 | |
| 247 | + | board. 193 | |
| 248 | + | (d) All initial appointments to the board shall be made not later than 194 | |
| 249 | + | September 1, 2023. The terms of the appointed members shall be 195 | |
| 250 | + | coterminous with the terms of the appointing authority for each 196 | |
| 251 | + | member. Any vacancy shall be filled by the appointing authority. Any 197 | |
| 252 | + | vacancy occurring other than by expiration of a term shall be filled for 198 | |
| 253 | + | the balance of the unexpired term. A member of the board may serve 199 | |
| 254 | + | more than one term. The co-chairs shall jointly schedule the first 200 | |
| 255 | + | meeting of the board, which shall be held not later than October 1, 2023. 201 | |
| 256 | + | (e) The administrative staff of the joint standing committee of the 202 | |
| 257 | + | General Assembly having cognizance of matters relating to consumer 203 | |
| 258 | + | protection shall serve as administrative staff of the board. 204 | |
| 259 | + | (f) The board shall have the following powers and duties: (1) To 205 | |
| 260 | + | advise state agencies concerning artificial intelligence and automated 206 | |
| 261 | + | systems policy, including, but not limited to, best practices for the use 207 | |
| 262 | + | of artificial intelligence and automated systems; (2) to perform the 208 Substitute Bill No. 1103 | |
| 263 | + | ||
| 264 | + | ||
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| 268 | + | ||
| 269 | + | duties set forth in subsections (f) and (g) of section 1 of this act; (3) to 209 | |
| 270 | + | issue reports and recommendations to the General Assembly in 210 | |
| 271 | + | accordance with section 11-4a of the general statutes; (4) upon the 211 | |
| 272 | + | request of at least two members of the board, to request that any state 212 | |
| 273 | + | agency data officer or state agency head appear before the board to 213 | |
| 274 | + | answer questions; (5) to request from any state agency such assistance 214 | |
| 275 | + | and data as necessary and available to carry out the purposes of this 215 | |
| 276 | + | section; (6) to make recommendations to the legislative leaders 216 | |
| 277 | + | concerning artificial intelligence and automated systems policy; and (7) 217 | |
| 278 | + | to establish bylaws to govern the board's procedures. 218 | |
| 279 | + | (g) The board shall meet at least twice a year and may meet at such 219 | |
| 280 | + | other times as deemed necessary by the co-chairs of the board jointly or 220 | |
| 281 | + | by a majority of the members of the board. 221 | |
| 282 | + | (h) The board shall be subject to the Freedom of Information Act, as 222 | |
| 283 | + | defined in section 1-200 of the general statutes. 223 | |
| 284 | + | (i) No provision of this section shall be construed to: (1) Require 224 | |
| 285 | + | disclosure of any trade secret; (2) abrogate any work product protection; 225 | |
| 286 | + | or (3) restrict the board's or any state agency's ability to (A) conduct any 226 | |
| 287 | + | internal research to develop, improve or repair any product, service or 227 | |
| 288 | + | technology, (B) prevent, detect, protect against or respond to, or 228 | |
| 289 | + | investigate, report or prosecute any person responsible for, any security 229 | |
| 290 | + | incident, identity theft, fraud, harassment, malicious or deceptive 230 | |
| 291 | + | activity or illegal activity, or (C) preserve the integrity or security of any 231 | |
| 292 | + | system. 232 | |
| 293 | + | Sec. 3. (NEW) (Effective July 1, 2023) (a) As used in this section: 233 | |
| 294 | + | (1) "Artificial Intelligence Implementation Officer" means the 234 | |
| 295 | + | employee designated pursuant to subsection (b) of this section; 235 | |
| 296 | + | (2) "Automated system" has the same meaning as provided in section 236 | |
| 297 | + | 1 of this act; 237 | |
| 298 | + | (3) "Automated systems procedures" has the same meaning as 238 Substitute Bill No. 1103 | |
| 299 | + | ||
| 300 | + | ||
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| 304 | + | ||
| 305 | + | provided in section 1 of this act; 239 | |
| 306 | + | (4) "State agency" has the same meaning as provided in section 1 of 240 | |
| 307 | + | this act; and 241 | |
| 308 | + | (5) "Trade secret" has the same meaning as provided in section 35-51 242 | |
| 309 | + | of the general statutes. 243 | |
| 310 | + | (b) Not later than October 1, 2023, the Commissioner of 244 | |
| 311 | + | Administrative Services shall designate an employee of the Department 245 | |
| 312 | + | of Administrative Services to serve as the Artificial Intelligence 246 | |
| 313 | + | Implementation Officer. Such employee shall have: (1) Extensive 247 | |
| 314 | + | knowledge concerning automated systems and artificial intelligence 248 | |
| 315 | + | analysis, governance, principles, practices, technology, terminology and 249 | |
| 316 | + | trends; and (2) experience in administration, planning, policy 250 | |
| 317 | + | development, project management and service coordination. 251 | |
| 318 | + | (c) The Artificial Intelligence Implementation Officer shall be 252 | |
| 319 | + | responsible for performing said officer's duties under this section and 253 | |
| 320 | + | section 4 of this act. The Commissioner of Administrative Services may 254 | |
| 321 | + | contract with a third party, if the commissioner deems it necessary, to 255 | |
| 322 | + | assist the Artificial Intelligence Implementation Officer in performing 256 | |
| 323 | + | said officer's duties under this section and section 4 of this act. 257 | |
| 324 | + | (d) Any state agency that intends to develop, procure or utilize any 258 | |
| 325 | + | automated system on or after January 1, 2024, shall provide to the 259 | |
| 326 | + | Artificial Intelligence Implementation Officer, in a form and manner 260 | |
| 327 | + | prescribed by said officer, at least sixty days' advance written notice 261 | |
| 328 | + | disclosing that such state agency intends to develop, procure or utilize 262 | |
| 329 | + | such automated system. 263 | |
| 330 | + | (e) Not later than ninety days after the Artificial Intelligence 264 | |
| 331 | + | Implementation Officer receives any notice submitted pursuant to 265 | |
| 332 | + | subsection (d) of this section, said officer may review such notice, and 266 | |
| 333 | + | any available documentation concerning the operation of the automated 267 | |
| 334 | + | system that is the subject of such notice and any related safeguards, to 268 | |
| 335 | + | determine whether developing, procuring or utilizing such automated 269 Substitute Bill No. 1103 | |
| 336 | + | ||
| 337 | + | ||
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| 341 | + | ||
| 342 | + | system would satisfy the requirements established in the automated 270 | |
| 343 | + | systems procedures. If the Artificial Intelligence Implementation Officer 271 | |
| 344 | + | does not make any determination during such ninety-day period, the 272 | |
| 345 | + | state agency that submitted such notice may develop, procure or utilize 273 | |
| 346 | + | such automated system. 274 | |
| 347 | + | (f) On and after July 1, 2025, the Artificial Intelligence 275 | |
| 348 | + | Implementation Officer: 276 | |
| 349 | + | (1) May, in said officer's discretion, periodically reevaluate any 277 | |
| 350 | + | automated system that is developed, procured or utilized by any state 278 | |
| 351 | + | agency to ensure that such automated system satisfies the requirements 279 | |
| 352 | + | established in the automated systems procedures; 280 | |
| 353 | + | (2) Shall, at least biennially, reevaluate any automated system that is 281 | |
| 354 | + | developed, procured or utilized by any state agency if said officer, in 282 | |
| 355 | + | said officer's discretion, determines that such automated system poses 283 | |
| 356 | + | any significant risk; and 284 | |
| 357 | + | (3) May take any action not set forth in subdivision (1) or (2) of this 285 | |
| 358 | + | subsection that said officer, in said officer's discretion, may deem 286 | |
| 359 | + | appropriate to carry out the purposes of this subsection. 287 | |
| 360 | + | (g) If the Artificial Intelligence Implementation Officer determines 288 | |
| 361 | + | that any automated system that is developed, procured or utilized by 289 | |
| 362 | + | any state agency does not satisfy the requirements established in the 290 | |
| 363 | + | automated systems procedures, said officer shall direct such state 291 | |
| 364 | + | agency to immediately cease development, procurement or utilization 292 | |
| 365 | + | of such automated system. 293 | |
| 366 | + | (h) The Artificial Intelligence Implementation Officer shall be subject 294 | |
| 367 | + | to the Freedom of Information Act, as defined in section 1-200 of the 295 | |
| 368 | + | general statutes. 296 | |
| 369 | + | (i) No provision of this section shall be construed to: (1) Require 297 | |
| 370 | + | disclosure of any trade secret; (2) abrogate any work product protection; 298 | |
| 371 | + | or (3) restrict the Artificial Intelligence Implementation Officer's or any 299 Substitute Bill No. 1103 | |
| 372 | + | ||
| 373 | + | ||
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| 377 | + | ||
| 378 | + | state agency's ability to (A) conduct any internal research to develop, 300 | |
| 379 | + | improve or repair any product, service or technology, (B) prevent, 301 | |
| 380 | + | detect, protect against or respond to, or investigate, report or prosecute 302 | |
| 381 | + | any person responsible for, any security incident, identity theft, fraud, 303 | |
| 382 | + | harassment, malicious or deceptive activity or illegal activity, or (C) 304 | |
| 383 | + | preserve the integrity or security of any system. 305 | |
| 384 | + | Sec. 4. (Effective July 1, 2023) (a) As used in this section: 306 | |
| 385 | + | (1) "Artificial Intelligence Implementation Officer" has the same 307 | |
| 386 | + | meaning as provided in section 3 of this act; 308 | |
| 387 | + | (2) "Automated decision support system" has the same meaning as 309 | |
| 388 | + | provided in section 1 of this act; 310 | |
| 389 | + | (3) "Automated final decision system" has the same meaning as 311 | |
| 390 | + | provided in section 1 of this act; 312 | |
| 391 | + | (4) "Automated system" has the same meaning as provided in section 313 | |
| 392 | + | 1 of this act; 314 | |
| 393 | + | (5) "Critical decision" has the same meaning as provided in section 1 315 | |
| 394 | + | of this act; 316 | |
| 395 | + | (6) "State agency" has the same meaning as provided in section 1 of 317 | |
| 396 | + | this act; and 318 | |
| 397 | + | (7) "Trade secret" has the same meaning as provided in section 35-51 319 | |
| 398 | + | of the general statutes. 320 | |
| 399 | + | (b) Not later than December 31, 2023, the Artificial Intelligence 321 | |
| 400 | + | Implementation Officer shall inventory all automated systems that are 322 | |
| 401 | + | in use by state agencies for critical decisions. Such inventory shall 323 | |
| 402 | + | include the following information for each such automated system: 324 | |
| 403 | + | (1) The name of such automated system and the vendor, if any, that 325 | |
| 404 | + | provided such automated system; and 326 Substitute Bill No. 1103 | |
| 405 | + | ||
| 406 | + | ||
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| 410 | + | ||
| 411 | + | (2) A description of the general capabilities of such automated 327 | |
| 412 | + | system, including, but not limited to: 328 | |
| 413 | + | (A) Any reasonably foreseeable capability of such automated system 329 | |
| 414 | + | that is outside of any state agency's intended use of such automated 330 | |
| 415 | + | system; 331 | |
| 416 | + | (B) Whether such automated system was used, or may be used, to 332 | |
| 417 | + | independently make, inform or materially support a conclusion, 333 | |
| 418 | + | decision or judgment and the resulting impact on residents of this state; 334 | |
| 419 | + | (C) Each type of data input that was used by such automated system, 335 | |
| 420 | + | how such inputted data was collected, generated or processed and the 336 | |
| 421 | + | type or types of data such automated system generated or is reasonably 337 | |
| 422 | + | likely to generate; 338 | |
| 423 | + | (D) Whether such automated system (i) discriminated against any 339 | |
| 424 | + | individual or group of individuals in violation of state or federal law, or 340 | |
| 425 | + | (ii) disproportionately and unlawfully impacted any individual or 341 | |
| 426 | + | group of individuals on the basis of any actual or perceived 342 | |
| 427 | + | differentiating characteristic, including, but not limited to, age, genetic 343 | |
| 428 | + | information, color, ethnicity, race, creed, religion, national origin, 344 | |
| 429 | + | ancestry, sex, gender identity or expression, sexual orientation, marital 345 | |
| 430 | + | status, familial status, pregnancy, veteran status, disability or lawful 346 | |
| 431 | + | source of income; 347 | |
| 432 | + | (E) A description of the purpose and intended use of such automated 348 | |
| 433 | + | system, including, but not limited to, (i) which decision or decisions 349 | |
| 434 | + | such automated system was used to make, inform or materially support, 350 | |
| 435 | + | (ii) whether such automated system is an automated final decision 351 | |
| 436 | + | system or automated decision support system, and (iii) the benefit or 352 | |
| 437 | + | benefits such automated system was purported to confer and any data 353 | |
| 438 | + | or research necessary to determine whether such automated system 354 | |
| 439 | + | conferred such purported benefit or benefits; and 355 | |
| 440 | + | (F) How the data used or generated by such automated system was 356 | |
| 441 | + | processed and stored, whether the state agency or agencies that 357 Substitute Bill No. 1103 | |
| 442 | + | ||
| 443 | + | ||
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| 447 | + | ||
| 448 | + | developed, procured or utilized such automated system intend to share 358 | |
| 449 | + | access to such automated system or data with any other person, the 359 | |
| 450 | + | name of such person and why such state agency or agencies intend to 360 | |
| 451 | + | share such access or data with such person. 361 | |
| 452 | + | (c) The Artificial Intelligence Implementation Officer shall, as part of 362 | |
| 453 | + | the inventory performed pursuant to subsection (b) of this section, 363 | |
| 454 | + | determine whether any automated system included in such inventory: 364 | |
| 455 | + | (1) Infringed any legal right of any resident of this state; and 365 | |
| 456 | + | (2) Was publicly disclosed under the Freedom of Information Act, as 366 | |
| 457 | + | defined in section 1-200 of the general statutes, in an appropriately 367 | |
| 458 | + | transparent manner. 368 | |
| 459 | + | (d) No provision of this section shall be construed to: (1) Require 369 | |
| 460 | + | disclosure of any trade secret; (2) abrogate any work product protection; 370 | |
| 461 | + | or (3) restrict the Artificial Intelligence Implementation Officer's or any 371 | |
| 462 | + | state agency's ability to (A) conduct any internal research to develop, 372 | |
| 463 | + | improve or repair any product, service or technology, (B) prevent, 373 | |
| 464 | + | detect, protect against or respond to, or investigate, report or prosecute 374 | |
| 465 | + | any person responsible for, any security incident, identity theft, fraud, 375 | |
| 466 | + | harassment, malicious or deceptive activity or illegal activity, or (C) 376 | |
| 467 | + | preserve the integrity or security of any system. 377 | |
| 468 | + | (e) Not later than December 31, 2024, the Artificial Intelligence 378 | |
| 469 | + | Implementation Officer shall prepare and submit a report, in accordance 379 | |
| 470 | + | with section 11-4a of the general statutes, to the joint standing committee 380 | |
| 471 | + | of the General Assembly having cognizance of matters relating to 381 | |
| 472 | + | consumer protection. Such report shall contain the inventory prepared 382 | |
| 473 | + | pursuant to subsection (b) of this section. 383 | |
| 474 | + | Sec. 5. (NEW) (Effective July 1, 2023) Notwithstanding any provision 384 | |
| 475 | + | of the general statutes, no state contracting agency shall enter into any 385 | |
| 476 | + | contract with a business on or after July 1, 2023, unless such contract 386 | |
| 477 | + | contains a provision requiring the business to comply with all applicable 387 | |
| 478 | + | provisions of sections 42-515 to 42-525, inclusive, of the general statutes. 388 Substitute Bill No. 1103 | |
| 479 | + | ||
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| 483 | + | 14 of 17 | |
| 484 | + | ||
| 485 | + | For the purposes of this section, "business", "contract" and "state 389 | |
| 486 | + | contracting agency" have the same meanings as provided in section 4e-390 | |
| 487 | + | 1 of the general statutes. 391 | |
| 488 | + | Sec. 6. Subsection (a) of section 42-517 of the general statutes is 392 | |
| 489 | + | repealed and the following is substituted in lieu thereof (Effective July 1, 393 | |
| 490 | + | 2023): 394 | |
| 491 | + | (a) The provisions of sections 42-515 to 42-525, inclusive, do not apply 395 | |
| 492 | + | to any: (1) Body, authority, board, bureau, commission, district or 396 | |
| 493 | + | agency of this state or of any political subdivision of this state; (2) 397 | |
| 494 | + | nonprofit organization; (3) institution of higher education; (4) national 398 | |
| 495 | + | securities association that is registered under 15 USC 78o-3 of the 399 | |
| 496 | + | Securities Exchange Act of 1934, as amended from time to time; (5) 400 | |
| 497 | + | financial institution or data subject to Title V of the Gramm-Leach-Bliley 401 | |
| 498 | + | Act, 15 USC 6801 et seq.; [or] (6) covered entity or business associate, as 402 | |
| 499 | + | defined in 45 CFR 160.103; or (7) air carrier, as defined in 49 USC 40102, 403 | |
| 500 | + | as amended from time to time, and regulated under the Federal 404 | |
| 501 | + | Aviation Act of 1958, 49 USC 40101 et seq., and the Airline Deregulation 405 | |
| 502 | + | Act, 49 USC 41713, as said acts may be amended from time to time. 406 | |
| 503 | + | Sec. 7. Subsection (a) of section 42-520 of the general statutes is 407 | |
| 504 | + | repealed and the following is substituted in lieu thereof (Effective July 1, 408 | |
| 505 | + | 2023): 409 | |
| 506 | + | (a) A controller shall: (1) Limit the collection of personal data to what 410 | |
| 507 | + | is adequate, relevant and reasonably necessary in relation to the 411 | |
| 508 | + | purposes for which such data is processed, as disclosed to the consumer; 412 | |
| 509 | + | (2) except as otherwise provided in sections 42-515 to 42-525, inclusive, 413 | |
| 510 | + | not process personal data for purposes that are neither reasonably 414 | |
| 511 | + | necessary to, nor compatible with, the disclosed purposes for which 415 | |
| 512 | + | such personal data is processed, as disclosed to the consumer, unless the 416 | |
| 513 | + | controller obtains the consumer's consent; (3) establish, implement and 417 | |
| 514 | + | maintain reasonable administrative, technical and physical data 418 | |
| 515 | + | security practices to protect the confidentiality, integrity and 419 | |
| 516 | + | accessibility of personal data appropriate to the volume and nature of 420 Substitute Bill No. 1103 | |
| 517 | + | ||
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| 522 | + | ||
| 523 | + | the personal data at issue; (4) not process sensitive data concerning a 421 | |
| 524 | + | consumer without obtaining the consumer's consent, or, in the case of 422 | |
| 525 | + | the processing of sensitive data concerning a known child, without 423 | |
| 526 | + | processing such data in accordance with COPPA; (5) not process 424 | |
| 527 | + | personal data in violation of the laws of this state and federal laws that 425 | |
| 528 | + | prohibit unlawful discrimination against consumers; (6) provide an 426 | |
| 529 | + | effective mechanism for a consumer to revoke the consumer's consent 427 | |
| 530 | + | under this section that is at least as easy as the mechanism by which the 428 | |
| 531 | + | consumer provided the consumer's consent and, upon revocation of 429 | |
| 532 | + | such consent, cease to process the data as soon as practicable, but not 430 | |
| 533 | + | later than fifteen days after the receipt of such request; and (7) not 431 | |
| 534 | + | process the personal data of a consumer for purposes of targeted 432 | |
| 535 | + | advertising, or sell the consumer's personal data without the consumer's 433 | |
| 536 | + | consent, under circumstances where a controller has actual knowledge, 434 | |
| 537 | + | [and] or wilfully disregards, that the consumer is at least thirteen years 435 | |
| 538 | + | of age but younger than sixteen years of age. A controller shall not 436 | |
| 539 | + | discriminate against a consumer for exercising any of the consumer 437 | |
| 540 | + | rights contained in sections 42-515 to 42-525, inclusive, including 438 | |
| 541 | + | denying goods or services, charging different prices or rates for goods 439 | |
| 542 | + | or services or providing a different level of quality of goods or services 440 | |
| 543 | + | to the consumer. 441 | |
| 544 | + | Sec. 8. (Effective from passage) (a) There is established a task force to 442 | |
| 545 | + | study artificial intelligence. The task force shall (1) develop, and make 443 | |
| 546 | + | recommendations concerning adoption of, an artificial intelligence bill 444 | |
| 547 | + | of rights based on the "Blueprint for an AI Bill of Rights" published by 445 | |
| 548 | + | the White House Office of Science and Technology Policy, and (2) study 446 | |
| 549 | + | the feasibility of establishing, and make recommendations concerning 447 | |
| 550 | + | the establishment of, a department of artificial intelligence enablement 448 | |
| 551 | + | to assist state agencies and municipalities with ethically implementing 449 | |
| 552 | + | artificial intelligence technologies. 450 | |
| 553 | + | (b) The task force shall consist of the following members: 451 | |
| 554 | + | (1) Two appointed by the speaker of the House of Representatives; 452 Substitute Bill No. 1103 | |
| 555 | + | ||
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| 560 | + | ||
| 561 | + | (2) Two appointed by the president pro tempore of the Senate; 453 | |
| 562 | + | (3) One appointed by the majority leader of the House of 454 | |
| 563 | + | Representatives; 455 | |
| 564 | + | (4) One appointed by the majority leader of the Senate; 456 | |
| 565 | + | (5) One appointed by the minority leader of the House of 457 | |
| 566 | + | Representatives; 458 | |
| 567 | + | (6) One appointed by the minority leader of the Senate; 459 | |
| 568 | + | (7) The Commissioner of Administrative Services, or the 460 | |
| 569 | + | commissioner's designee; and 461 | |
| 570 | + | (8) Two appointed by the Governor. 462 | |
| 571 | + | (c) Any member of the task force appointed under subdivision (1), 463 | |
| 572 | + | (2), (3), (4), (5) or (6) of subsection (b) of this section may be a member 464 | |
| 573 | + | of the General Assembly. 465 | |
| 574 | + | (d) All initial appointments to the task force shall be made not later 466 | |
| 575 | + | than thirty days after the effective date of this section. Any vacancy shall 467 | |
| 576 | + | be filled by the appointing authority. 468 | |
| 577 | + | (e) The speaker of the House of Representatives and the president pro 469 | |
| 578 | + | tempore of the Senate shall select the chairpersons of the task force from 470 | |
| 579 | + | among the members of the task force. Such chairpersons shall schedule 471 | |
| 580 | + | the first meeting of the task force, which shall be held not later than sixty 472 | |
| 581 | + | days after the effective date of this section. 473 | |
| 582 | + | (f) The administrative staff of the joint standing committee of the 474 | |
| 583 | + | General Assembly having cognizance of matters relating to consumer 475 | |
| 584 | + | protection shall serve as administrative staff of the task force. 476 | |
| 585 | + | (g) Not later than January 1, 2024, the task force shall submit a report 477 | |
| 586 | + | on its findings and recommendations to the joint standing committee of 478 | |
| 587 | + | the General Assembly having cognizance of matters relating to 479 Substitute Bill No. 1103 | |
| 588 | + | ||
| 589 | + | ||
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| 593 | + | ||
| 594 | + | consumer protection, in accordance with the provisions of section 11-4a 480 | |
| 595 | + | of the general statutes. The task force shall terminate on the date that it 481 | |
| 596 | + | submits such report or January 1, 2024, whichever is later. 482 | |
| 597 | + | This act shall take effect as follows and shall amend the following | |
| 598 | + | sections: | |
| 599 | + | ||
| 600 | + | Section 1 July 1, 2023 New section | |
| 601 | + | Sec. 2 July 1, 2023 New section | |
| 602 | + | Sec. 3 July 1, 2023 New section | |
| 603 | + | Sec. 4 July 1, 2023 New section | |
| 604 | + | Sec. 5 July 1, 2023 New section | |
| 605 | + | Sec. 6 July 1, 2023 42-517(a) | |
| 606 | + | Sec. 7 July 1, 2023 42-520(a) | |
| 607 | + | Sec. 8 from passage New section | |
| 608 | + | ||
| 609 | + | ||
| 610 | + | GL Joint Favorable Subst. | |
| 611 | + | APP Joint Favorable | |
| 317 | 612 |